AP792504 - Pest Control Industry (Victoria) Award 2000
16.1 Wages shall be paid not later than Thursday in each pay period as follows:
16.1.1 Standard pay for hours worked.
16.1.2 Average pay where the employer elects to do so.
16.1.3 By mutual agreement wages may be paid fortnightly. At the election of the employer wages may be paid by electronic funds transfer.
16.2 An employee kept waiting at the place of employment for the purpose of receiving wages after finishing time on the normal pay day shall be paid at overtime rates until such time as the wages are paid. This clause does not apply where the delay in payment in through no fault of the employer
16.3 Where a public holiday falls on the normal pay day or the day following a normal pay day, the wages shall be paid on the ordinary working day preceding the normal pay day.
16.4 Where the engagement of an employee is terminated before the regular pay day, for reasons other than the misconduct of the employee, the employee shall be paid all amounts due in accordance with the award within fifteen minutes of the employee presenting for payment at the employer's place of business. Provided that the employee is present during ordinary working hours and that all materials equipment, clothing, literature and records belonging to or issued by the employer are returned at that time.
For all time in excess of fifteen minutes the employee is kept waiting for such payment the employee shall be paid at ordinary time.
16.5 Where the engagement is terminated because of the employee's misconduct, the employee shall be paid all amounts due to him in accordance with the award. Payment to be made within 24 hours of such termination providing that all materials, equipment, clothing, literature and records belonging to or issued by the employer are returned within the 24 hours.
16.6 Averaging system
16.6.1 As provided in this clause, an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle, is to be paid the wages on the basis of an average 38 ordinary hours so as to avoid fluctuating wage payments each week. An explanation of the averaging system of paying wages is set out herein.
16.6.2 Clause 19 - Hours of work, provides that in implementing a 38-hour week the ordinary hours of an employee may be arranged so that the employee is entitled to a day off, on a fixed day or rostered day basis, during each work cycle. It is in these circumstances that the averaging system would apply.
16.6.3 If the 38-hour week is to be implemented so as to give an employee a day off in each work cycle, this would be achieved if, during a work cycle of 28 consecutive days (that is, over four consecutive weeks) the employee's ordinary hours were arranged on the basis that for three of the four weeks the employee worked 40 ordinary hours each week and in the fourth week the employee worked 32 ordinary hours. That is, the employee would work for eight ordinary hours each day, Monday to Friday inclusive for three weeks and eight ordinary hours on four week days only in the fourth week - a total of eighteen days during the work cycle.
16.6.4 In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employee's classification in clause 21 - Hours of work of this award, and shall be paid each week even though more or less than 38 ordinary hours are worked that week.
16.6.5 In effect, under the averaging system, the employee accrues a credit each day the employee works actual ordinary hours in excess of the daily average which would otherwise be 7 hours 36 minutes. This credit is carried forward so that in the week of the cycle that the employee works on only four days, the employee’s actual pay would be for an average of 38 ordinary hours even though, that week, the employee works a total of 32 ordinary hours.
16.6.6 Consequently, for each day an employee works eight ordinary hours the employee accrues a credit of 24 minutes (0.4 hours).
16.6.7 The maximum credit the employee may accrue under this system is 0.4 hours on eighteen days; that is, a total of seven hours 36 minutes.
16.6.8 As provided in 16.7 hereof, an employee will not accrue a credit for each day the employee is absent from duty other than on annual leave, long service leave, public holidays, paid sick leave, accident pay, bereavement leave or jury service. When an employee is absent from duty because of annual leave or jury service, the employee’s entitlement is determined in accordance with the appropriate award provision dealing with such entitlements.
16.7 Absences from duty
16.7.1 An employee whose ordinary hours are arranged in accordance with 19.1.1 of this award and is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, accident pay, bereavement leave or jury service) shall, for each day the employee is so absent, lose average pay for that day calculated by dividing the employee’s average weekly wage rate by five.
16.7.2 An employee who is so absent from duty for part of a day shall lose average pay for each hour the employee is absent from duty by dividing the employee’s average daily pay rate by eight.
16.7.3 Provided further, when such an employee is absent from duty for a whole day the employee will not accrue a "credit" because the employee would not have worked ordinary hours that day in excess of seven hours 36 minutes for which the employee would otherwise have been paid.
16.7.4 Consequently, during the week of the work cycle the employee is to work less than 38 ordinary hours, the employee will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the "credit" the employee does not accrue for each whole day during the work cycle the employee is absent.
16.7.5 The amount by which an employee's average weekly pay will be reduced when the employee is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, accident pay, bereavement leave or jury service) is to be calculated as follows:
Total of "credits" not accrued during cycle |
x |
average weekly pay |
38 |
16.7.6 Examples
(An employee's ordinary hours are arranged so that the employee works eight ordinary hours on five days of each week for three weeks and eight ordinary hours on four days of the fourth week.)
16.7.6(a) Employee takes one day off without authorisation in the first week of cycle:
Week of Cycle |
Payment |
||
1st week |
= |
average weekly pay less one day's pay (i.e. less 1/5th) |
|
2nd and 3rd weeks |
= |
average weekly pay each week |
|
4th week |
= |
average pay less credit not accrued on day of absence |
|
= |
average pay less 0.4 hours x |
average weekly pay | |
38 |
16.7.6(b) Employee takes each of the four days off without authorisation in the 4th week.
